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Regulation and investigations

The intensified regulatory regime in South Africa and the enforcement capabilities of local regulators are at the forefront of the issues facing businesses today. The country's regulatory environment is the most complex and stringent on the African continent, and corporate compliance has become particularly important as South Africa adapts its legislative regime to meet external and internal economic forces.

Our regulation and investigations team represents corporates, financial institutions and individuals in internal and regulatory compliance hearings and investigations, as well as enforcement proceedings brought by domestic and international regulatory bodies. We assist clients with all aspects of regulatory advice, risk management, the application of administrative law principles and related litigation.

The team also offers bespoke guidance on systems and controls for managing every aspect of legal, financial and reputational risk. We work to fully understand each client’s business and environment, and our strategically focused advice helps clients to assess and mitigate the risks inherent in doing business in South Africa, Africa and other jurisdictions.

Regulatory issues and investigations often span several jurisdictions. Equally, a single review in one jurisdiction can give rise to consequences, including litigation, in others. With over 50 offices across Europe, the US, Canada, Latin America, Asia, Australia, the Middle East and Central Asia, we offer global coverage to companies and senior executives, enabling them to respond to regulatory and compliance issues and investigations wherever they arise.

We have extensive regulatory capability across the practice and our lawyers keep abreast with the legislation that commercial enterprises in South Africa and in Africa have to navigate.

Ranked number 1 to be considered for regulatory work in South Africa
Acritas Sharplegal 2015 – Global Elite  

Our areas of work include

Our recent work

  • Drafting regulations governing the management, use and control of port terminals in Africa and advised the Ports Regulator of South Africa on its regulatory regime.
  • Representing Anglo Platinum in relation to various administrative law and judicial review applications in connection with prospecting and mining rights applications made by Anglo Platinum Limited to the Minister of Mineral Resources of South Africa in terms of the Mineral & Petroleum Resources Development Act.
  • Advising the South African Post Office SOC Ltd and the Development Bank of Southern Africa in various matters related to its procurement policies and bidding processes and on aspects of the Public Finance Management Act.
  • Acting for Kumba Resources Limited in relation to its BEE restructuring and ultimate establishment of Exxaro Resources Limited, and the subsequent sale by Exxaro Resources Limited of a 79% shareholding in Sishen Iron Ore Company (Pty) Ltd to Kumba Iron Ore Limited (and related listing on the JSE).
  • Representing De Beers Consolidated Mines in relation to a dispute involving the Minister of Mineral Resources. The dispute related to the non-applicability of the Mineral and Petroleum Resources Development Act to mine dumps created under old order rights in the context of an administrative review.
  • Advising on the take-over of an American holding company which resulted in the unwinding and restructuring of the BEE structure of its South African subsidiary company in the ITC industry, valued at approximately R250 million.
  • Advising on the acquisition of ABSA Group limited of its majority stake in the financial services business of the Woolworths Group, a major South African food and clothing retailer.
  • Advising on the restructuring of Rio Tinto and BHP Billiton shareholders, and the empowerment transaction relating to Richards Bay Minerals.
  • Advising on the scheme of arrangement between Pangbourne and its linked unit holders as proposed by Capital Property Fund with a value of approximately R8 billion.
  • Advising the Chamber of Mines South Africa as to the applicability of national environmental legislation and provincial and municipal planning legislation to mining operations governed by national mining legislation.
  • Advising the Government Employees Pension Fund, the largest pension fund in the country, on aspects including service level agreements and investment model.
  • Advising Kiln of London, Barclays Bank, CIB Insurance, RMB Structured Insurance and other regulated companies in regard to the sale or acquisition of shares in insurance entities.
  • Acting as advisers to the National Credit regulator and the Council for Medical Schemes and other organs of State.

 

Global regulation and investigations brochure

Regulation and investigations

Global regulation and investigations pillar brochures

Global Antitrust and competition law brochure Global Antitrust and competition law brochure Global Investigations brochure Global Investigations brochure

Additional global regulation and investigations brochures